Legal Briefs

Until 2010, these legal briefs provide examples of judgments pertaining to everyday situations. Beginning in 2012, they deal with various topics of general interest, such as rental issues, family law, human rights, civil liability, insurance, dealings between spouses and social aid. They are intended to inform and to prevent undesirable situations.

Legal Briefs 2012

Paul receives an Application for divorce and a Motion for provisional measures from his ex-wife, which contains the following Notice of presentation at the end:“TAKE NOTICE that the present motion will be presented for a ruling at a hearing beforemore

You’ve just purchased goods from an itinerant merchant (often referred to as a travelling salesman) who interrupted you at home while you were watching your favourite TV show. You regret making the purchase and would like to cancel it. You should know that, under the Consumer Protection Act,<more

The FactsJean-Claude, a youthful and divorced 60-year-old retiree, is fascinated by Cuban culture, particularly its performing artists. During his first trip to Cuba, three years ago, he met his soul mate, Maria, an outstanding dancer who was 25 years old and singmore

Having a will is important, because without one, it is the Civil Code of Québec that will determine who receives your property. You can read about the rules for the transmission of property when someone dies without a will on the Justice Québec website, in the section entitled “Successions”.<more

X had been living in Québec for three years, having immigrated after being sponsored by his wife, Y, who had been living and working in Québec for 10 years. The couple separated and the mother initiated divorce proceedings. The judgment on provisional measures awarded custody of the child to the mother. The father, who was alone in Québec and missed his family, planned a trip to his country of origin that summer, before starting university in September.

He wanted to bring his daughter, who was now 20 months old, with him. Unfortunately, the mother refused to sign the authorization allowing him to travel with their daughter and also refused to sign the application for a Canadian passport for the child. The father filed a motion before the Superior Court seeking an authorization to travel.

In order to prove to the court his desire to return to Québec at the end of his trip, during the trial the father produced his lease, which he had renewed, as well as confirmation that he would be receiving loans and bursaries as of September. The mother admitted that she knew her ex-husband’s parents and the house where he would be staying with the child during the vacation. However, she pointed out that the region to which he would be travelling raised safety concerns for the child. In order to prove this fact, she filed a document regarding her ex-husband’s country of origin, drawn from the website of the department of Foreign Affairs and International Trade Canada.1 This site, which deals with the safety of people travelling to various countries, identified the destination as a country in which travellers should “exercise a high degree of caution.” Furthermore, the country was not one of the signatories of the Hague Convention on Protection of Children and Co-operation in respect of Intercountry Adoptions, an agreement signed by various countries in order to facilitate the return of children who are not brought back to Canada after a trip to the signatory country.

Was it in the child’s interest to travel to this country that summer? The court ruled that the mother’s refusal was not unreasonable. The father did not have real ties with Québec—he had no job there, no property and no family. The child was too young to appreciate or remember the trip. The father had never paid support for the child; the court decided that, for the time being, it would be preferable for the father to see to the child’s basic needs before taking her with him on a trip.

Courts must ensure the protection of children. Therefore, in this case, the court dismissed the father’s motion, because it was not in the child’s interest to take a trip which did not provide sufficient guarantees that the child would be returned to Canada.

Legal brief *September2012Number08Text prepared byMe Angela Todaro,avocate au bureau d’aide juridique Maisonneuve-Mercier à Montréal* The information set out in this document is not a legal interpretation.The masculine is used to designate persons solely in order to simplify the text.

Like all citizens, young persons between the ages of 12 and 17 who are arrested or held in custody by the police in connection with an offence have the right to be informed of the reasons for their arrest, their right to remain silent and their right to obtain immediate assistance from a lawyer, andmore

The Youth Protection Act (YPA) requires the Director of Youth Protection (DYP) to carry out an investigation when a credible report is made that a child has been abandoned, neglected or psychologically, sexually or physically abused, or if a child has serious behavioural problems that the parmore

Mario and Joanie have been living together for several years and have a child together. The birth certificate of the child, whose name is Vincent, indicates Mario and Joanie as his parents. The couple separates when Vincent is seven years old. Despite the separation, Mario continues to take care of more

The reality of today’s families and the fact that many parents will be part of more than one couple during their lifetime is not without its repercussions on their children. These children will have several parental figures during their childhood. Family law lawyers have noted a new upsurge in the nmore